My friends signed a false loan contract, so a dramatic scene happened ...

Guo Jihua, a prosecutor of Surabaya County Procuratorate in Jining City, Shandong Province, remembers a dramatic false litigation supervision case that was accepted two years ago.

Suffer

The parties report their own "false lawsuits"

"There is a reporter here to report a case of false lawsuits. You came to see if it meets the acceptance standard." One day in July 2020, Guo Jihua received a call from the court's complaint and the procuratorial department.

Putting down the phone, Guo Jihua hurried to the interview hall.

"He won't let me be better, and he don't want to live happily!" Shen Mou's brows were locked, restingly, and holding a thick material in his hand. Before Guo Jihua sat down, Shen said angrily.

Then, Shenmou told the ins and outs of the matter: he and his friend Zhou Mou conspired to fight the "false lawsuit". He did not expect that he was deceived by Zhou, and the company was occupied by Zhou Mou. "I treat him as a friend, but he pitted me. After he dominated my company, he rented it to others illegally. As a result, the company was seized and owed a lot of debts." Speaking of these, Shen Mou was so angry that he took the table. In the process of telling, he kept saying "can't swallow this breath" and "must ask for a statement."

In order to return to his company, Shenmou has reported to multiple departments, but there is no result. In desperation, Shen Mou came to the procuratorate with his determination to "would rather damage one thousand, and he had to hurt him 800" to report himself to fight "false lawsuits" with others.

investigation

Evidence collection work was once in a deadlock

"This case involves three enterprises, and there are multiple legal relationships such as financial loan, civil loan, mortgage guarantee, etc. The case is very complicated and the possibility of suspected false lawsuits is greater." After the interview, Guo Jihua asked the leaders of the branch to be held immediately and immediately held the consent Prosecutor's joint meeting analyzed and discussed the case. After research, the hospital decided to accept the case. In view of the complexity of the case, the hospital also decided to set up the case handling team in charge of the deputy prosecutor's team leader to handle the case.

The prosecutor handling the case fully exercised the right to investigate and verify, formulated a thorough investigation and evidence collection plan, and conducted investigations in accordance with the law to strive to fix relevant evidence of false lawsuits as soon as possible. In order to find out the relationship between the three cases involved in the enterprise, the prosecutor handling the case has repeatedly visited the enterprise registration authority to obtain information and the change of shareholders. In order to find out corporate loans and guarantees, they repeatedly went to the bank and retrieved relevant companies For information such as funds and flowing water; in order to find out the signing and performance of the loan contract, they have contacted various parties to find the people familiar with the matter, and the consolidated and forming relevant evidence materials have been retrieved and the case has made significant progress.

When the prosecutor handling the case was full of confidence and was ready to welcome the "dawn of victory", the investigation and evidence obtained work encountered resistance.

"In the later period of investigation and verification, the reporter Zhou was extremely uncomfortable and did not want to meet us. He called him and he also hung up directly." After the investigation was in trouble, the prosecutor handling the case decided to start from the people around Zhou Moumou. Look for a breakthrough. "After learning about our intentions, they tried to dodge and claimed that they didn't understand the situation." Guo Jihua recalled that some people vaguely told the prosecutor that Zhou had a certain social influence in the local area. I dare not say. In this way, although after many efforts, the investigation of Zhou's investigation has not made substantial progress.

Breaking

Start with the investigation related case

The case handling team originally thought that the false lawsuit could be found through field surveys to find solid evidence and form a complete evidence chain, but did not expect that in the later stage of the investigation, the case was in a deadlock.

What else can I start to investigate? How can I get Zhou's statement of the truth about the case? The prosecutor handling the case felt "stressful", and then reported to the civil procuratorial department of the Jining Procuratorate to investigate the case.

"It is recommended to start with the related cases involved in the investigation case to find clues to see if there can be a breakthrough." After carefully checking the files and listening to the report, Zheng Xiaodong, director of the sixth procuratorate of the Jining Procuratorate, put forward a new idea of ​​investigation and evidence collection.

"This idea was inspired by us, and finally helped us out of the 'Death Hutong'." Guo Jihua said. Subsequently, the case handling team began to investigate the related cases involved in the company.

With the cooperation of the court, the case handling team was successfully retracted more than 20 related hoods. In order to miss the key information, the prosecutor adopted the three -level review mode of "one check -two inspections -check", and the "Secretary -the Prosecutor -the Leadership of the Management Institute" looked at the papers and found the useful clues.

Hard work pays off. After careful review, the case handling team finally discovered the clue: in a record of the trial, the records of the borrowing funds were not actually delivered, and this information played a key role in subsequent investigations.

"Zhou Mou and Shen were a lawsuit of civil loan. At the same time, Zhou also acknowledged that without actual delivery funds, it was equivalent to the fact that he acknowledged the fact that the false lawsuit was in disguise." Guo Jihua believed, "With this evidence, the case, the case, the case. Breakthrough is near. "

the truth

Play "Little Smart" to sign a false loan contract

The procuratorial organs conducted a investigation of Zhou again. After patient interpretation, in the face of facts and key evidence, Zhou's ideological defense collapsed, recognized all the facts of the report, and entrusted how the two parties signed a false loan contract and how to make the "false lawsuit". At this point, the transaction behind a false borrowing contract has surfaced- surface-

Shen Mou opened two companies, A and B. In October 2014, due to business needs, Company A wanted to loan 3 million yuan from banks. Shen Mou found a good friend Zhou, hoping to provide a guarantee by Company Zhou's company. Zhou agreed to provide a guarantee for Shenmou, but in order to ensure that his interests were not damaged, Zhou proposed that Shenmou should use its actual control of Company B as its equity and assets. In order to obtain a loan, Shen agreed. The two parties agreed that if Zhou was executed by the court for the liability for guarantee, the equity and assets of Company B were owned by Zhou. In order to ensure that Shenmou and his company B can actually fulfill the above agreements in the future, the two played "Little Smart" and conspired to sign a false loan contract with Company B on behalf of Company B on behalf of Company B. Subsequently, Zhou Mou used Company B as the defendant to the court to file a lawsuit against a civil lending dispute, requesting that the company B repaid the principal and interest of 1.65 million yuan. As a special lawsuit agent authorized by Company B, Shenmou participated in the lawsuit and recognized all Zhou's request for litigation. In the end, the court made a verdict and supported all the demands of Zhou.

As everyone knows, when signing a false borrowing contract, Zhou was out of mind, thinking about taking the opportunity to take Shen's company as his own. With the court's effective judgment, Zhou found the opportunity to occupy the factory of Company B and rent to others to produce toxic items illegally, which caused the company to be seized by the relevant department. Zhou's operation made Shen a panic. After repeated negotiations with Zhou, Shen Mou helplessly embarked on the long way to "rights protection".

According to the facts found, the Surabaya County Procuratorate asked the Jining Procuratorate to protest. Thanks to the solid investigation and evidence collection work in the early stage, the case formed a complete chain of evidence. The Jining Procuratorate filed a protest to the Jining Intermediate Court in just 15 days. After repeated trials, the court determined that the case was a false lawsuit, the decision was revoked, and Zhou's claim was rejected. At this point, Shenmou finally returned to his company.

Suggest

The law of "touching porcelain" must be punished

The false lawsuit was corrected, and the prosecutor handling the case was relieved. However, for the procuratorial organs, things have not ended here.

"The case happened before the establishment of a false lawsuit, and according to the regulations, the parties could not be investigated for criminal liability, but this did not mean that they could be out of the law. The Civil Procedure Law stipulates that if the parties are maliciously colluded with a lawsuit, mediation, etc., the people's court shall reject their requests and shall be fined and detained according to the severity of the circumstances. In addition, in order to effectively prevent and punish false lawsuits, in 2019, four departments including the Shandong Provincial Procuratorate jointly issued documents, which clearly pointed out that while the procuratorate conducted legal supervision of false lawsuits, the people's court could be suggested that the people's courts were imposed on the false lawsuit participants. , Detention and other punishment.

"The above provisions provide a basis for the next step of the procuratorial organs." Prosecutors handling cases agreed that in response to the case, the court responded to the parties' maliciously colluding with false lawsuits, waste judicial resources, and ignored legal dignity, otherwise it would not reflect the reflection of it. Justice and authority of justice.

To this end, the Surabaya County Procuratorate issued a procuratorial suggestion to the county court, suggesting that the court would punish false lawsuiters. The court adopted a procuratorial suggestion to make a decision to fined Zhou by 30,000 yuan and a fine of 60,000 yuan to Company B.

"I dare not dare, and I will lose a lot of money!" Shen Mou regretted his behavior. He said that he ignored laws and regulations and was smart, which not only caused incredible losses to the development of the enterprise, but also wasted judicial resources, damaged judicial authority, and was willing to accept legal punishment.

■ Prosecutor said

Actively use the right to investigate and verify

Deeply carry out civil litigation supervision

Guo Jihua, Procuratorate of Surabaya County, Shandong Province

The Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of the Procuratorate in the New Era "pointed out that the supervision of civil lawsuits is precisely carried out, and legal supervision methods such as protest and procuratorial recommendations should be improved to enhance the initiative, accuracy and effectiveness of supervision.

The right to investigate and verify is an important means for the law to give procuratorial organs to perform civil procuratorial duties. In the process of handling the case, the procuratorial organs took the initiative to use the investigation and verification rights, carried out investigation and evidence collection work as soon as possible, comprehensively and objective listening to the parties' statement, identifying information such as economic exchanges, certificates of industrial and commercial registration, and consolidating the foundation of the evidence. Litigation facts.

This case happened before the establishment of a false lawsuit, but this did not necessarily affect the evaluation of the party's behavior. As long as the evidence that is found is enough to prove that the court's wrong judgment is caused by the false statement and submitting false evidence in the original civil judgment, the procuratorial organs can propose a retrial prosecution proposal or protest in accordance with the law to timely supervise the wrong judgment.

When handling this case, the procuratorial organs made a protest and corrected the wrong verdict in accordance with the law. However, after the wrong judgment of false lawsuits was corrected, the work of the procuratorial organs did not stop here. Instead, it was further extended to supervise in accordance with the duty, and the procuratorial proposal was issued to promote the court's judicial punishment for the false lawsuit and achieved a deep level. Precision supervision has enhanced the initiative, accuracy and effectiveness of procuratorial supervision, effectively deteriorating illegal acts, and maintaining judicial justice and legal authority.

(Source: Procuratorial Daily Author: Guo Shuhe Wang Hairong Wang Ying Guo Jihua)

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